Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT – 9
IN
R.A.D. SUIT NO. 255 OF 2025
(CNR No. :- MHSCA3-000645-2025)
1. Mr. Pramod Kumar Singh and Anr., ... Plaintiffs.
Versus
1. Mr. Suresh Bhavarlal Rathod, ... Defendant.
Appearance:-
Smt. T. R. More …. Ld. Advocate for the Plaintiffs.
Mr. N. R. Shah …. Ld. Advocate for the Defendant.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 16/10/2025.
ORDER:-
Present application is taken out by the defendant to
condone the delay caused in filing his written statement and permit
him to file it on record.
2. The defendant submits in his application that, the delay has
been caused in filing the written statement within statutory period.
On account of reasons stated in the application, the delay be
condoned and his written statement may kindly be accepted.
3. On the contrary, the plaintiffs have filed reply on overleaf of
the application and objected to the prayer of the defendant.
4. Heard the Ld. Advocates on behalf of both parties. They
have advanced their arguments as per their respective contentions.
5. After perusal of application and say filed by the plaintiffs, it
seems that, the delay has been caused in filing written statement on
record within statutory period by the defendant. Considering the
/home/steno36/8. R. R. Kale/2025/Orders/10. October, 2025/16-10-2025/EXH-9 RAD 255 of 2025 - delay condonation in WS.odt KCP
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2 EXH-9 R.A.D. Suit No. 255 of 2025
reasons stated in the application, to decide the real controversy
between the parties and in view of the right of defendant to take
defence, present application can be allowed subject to cost since
there is delay in taking out the application. It would be just and
proper to order to give the said cost to the plaintiffs. Thus, I proceed
to pass the following order:-
: ORDER :
1) Application vide Exh. 9 stands allowed subject to cost of
Rs. 500/- (Rs. Five Hundred only) to be given to the
plaintiffs on or before next date.
2) The delay caused in filing written statement on record is
hereby condoned and the defendant is permitted to file his
written statement on record.
3) On failure of the defendant to pay the cost, the said order
shall stand cancelled.
(Dictated and pronounced in the open court.)
(R. R. Kale)
Date : 16/10/2025. Judge, C. R. No. 36.
Order dictated on computer : 16/10/2025.
Order checked & signed on : 16/10/2025.
/home/steno36/8. R. R. Kale/2025/Orders/10. October, 2025/16-10-2025/EXH-9 RAD 255 of 2025 - delay condonation in WS.odt KCP
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